Commonwealth ex rel. McGowan v. Aytch

Opinion by

Jacobs, J.,

Robert McGowan [hereinafter Appellant ] was arrested in Philadelphia as a fugitive from the State of New Jersey. A Governor’s warrant subsequently was lodged pursuant to the Uniform Criminal Extradition Act,1 and the appellant filed a petition seeking habeas corpus relief in the court below. The court by order dated March 12, 1974, granted relief and denied extradition because the extradition documents failed to include either a warrant or a copy of a judgment of conviction or sentence as required by the Act. See 19 P.S. §191.3 (1964). Shortly thereafter the Commonwealth…